A BILL to amend and reenact article nine, chapter sixty-four of the
code of West Virginia, one thousand nine hundred thirty-one,
as amended, relating generally to the promulgation of
administrative rules by the various executive or
administrative agencies and the procedures relating thereto;
legislative mandate or authorization for the promulgation of
certain legislative rules by various executive and
administrative agencies of the state; authorizing certain of
the agencies to promulgate certain legislative rules in the
form that the rules were filed in the state register;
authorizing certain of the agencies to promulgate legislative
rules as amended by the Legislature; authorizing certain of
the agencies to promulgate legislative rules with various
modifications presented to and recommended by the legislative
rule-making review committee; authorizing the commissioner of
agriculture to promulgate legislative rules relating to the
inspection of meat and poultry, as modified; authorizing the commissioner of agriculture to promulgate legislative rules
relating to certified pesticide applicator, as modified;
authorizing the commissioner of agriculture to promulgate
legislative rules relating to the West Virginia plant pest
act, as modified; authorizing the commissioner of agriculture
to promulgate legislative rules relating to dairy products and
imitation dairy products, as modified; authorizing the
commissioner of agriculture to promulgate legislative rules
relating to frozen desserts and imitation frozen desserts, as
modified; authorizing the commissioner of agriculture to
promulgate legislative rules relating to integrated pest
management programs in schools and day care centers, as
amended; authorizing the secretary of state to promulgate
legislative rules relating to agencies designated to provide
voter registration service, as modified; authorizing the
secretary of state to promulgate legislative rules relating to
guidelines for the use of nicknames and other designations on
the ballot, as modified; authorizing the secretary of state to
promulgate legislative rules relating to the procedures for
canvassing electronic ballot elections using punch card or
optical scan ballots, as modified; authorizing the secretary
of state to promulgate legislative rules relating to absentee
voting by military voters who are members of reserve units
called to active duty, as modified; authorizing the secretary
of state to promulgate legislative rules relating to numbered
divisions for the election of circuit judges, as modified;
authorizing the secretary of state to promulgate legislative rules relating to combined voter registration and the driver
licensing fund, as filed; authorizing the secretary of state
to promulgate legislative rules relating to official election
forms and vendor authorization, as modified; authorizing the
secretary of state to promulgate legislative rules relating to
procedures for handling ballots and counting write-in votes in
counties using punch card or optical scan ballots, as
modified; authorizing the secretary of state to promulgate
legislative rules relating to a standard size and format for
rules and procedures for publication of the state register, as
modified; authorizing the governor's committee on crime,
delinquency and correction to promulgate legislative rules
relating to the basic training academy, annual in-service and
biennial in-service training standards, as modified;
authorizing the state election commission to promulgate
legislative rules relating to election expenditures, as
modified; authorizing the state election commission to
promulgate legislative rules relating to the regulation of
campaign finance, as modified; authorizing the state election
commission to promulgate legislative rules relating to the
fair campaign practices, as modified; authorizing the state
election commission to promulgate legislative rules relating
to corporate political activity, as modified and amended;
authorizing the cable television advisory board to promulgate
legislative rules relating to the calculation and collection
of late fees, as modified; authorizing the contractor
licensing board to promulgate legislative rules relating to the West Virginia contractor licensing act, as modified; and
authorizing the infrastructure and jobs development council to
promulgate legislative rules relating to infrastructure and
jobs development council funding rules, as modified and
amended.

Be it enacted by the Legislature of West Virginia:

That article nine, chapter sixty-four of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted to read as follows:

§64-9-1. Commissioner of agriculture.
(a) The legislative rules filed in the state register on the
twenty-seventh day of July, one thousand nine hundred ninety-five,
authorized under the authority of section three, article two-b,
chapter nineteen of this code, modified by the commissioner of
agriculture to meet the objections of the legislative rule-making
review committee and refiled in the state register on the twentieth
day of October, one thousand nine hundred ninety-five, relating to
the commissioner of agriculture (inspection of meat and poultry,
61CSR16), are authorized.
(b) The legislative rules filed in the state register on the
thirty-first day of July, one thousand nine hundred ninety-five,
authorized under the authority of section four, article sixteen-a,
chapter nineteen of this code, modified by the commissioner of
agriculture to meet the objections of the legislative rule-making
review committee and refiled in the state register on the nineteenth day of September, one thousand nine hundred ninety-five,
relating to the commissioner of agriculture (certified pesticide
applicators, 61CSR12A), are authorized.
(c) The legislative rules filed in the state register on the
first day of August, one thousand nine hundred ninety-five,
authorized under the authority of section three, article twelve,
chapter nineteen of this code, modified by the commissioner of
agriculture to meet the objections of the legislative rule-making
review committee and refiled in the state register on the twenty-
fifth day of October, one thousand nine hundred ninety-five,
relating to the commissioner of agriculture (West Virginia plant
pest act, 61CSR14), are authorized.
(d) The legislative rules filed in the state register on the
thirty-first day of July, one thousand nine hundred ninety-five,
authorized under the authority of section ten, article eleven-a,
chapter nineteen, of this code, modified by the commissioner of
agriculture to meet the objections of the legislative rule-making
review committee and refiled in the state register on the twentieth
day of December, one thousand nine hundred ninety-five, relating to
the commissioner of agriculture (dairy products and imitation dairy
products, 61CSR4C), are authorized.
(e) The legislative rules filed in the state register on the
thirty-first day of July, one thousand nine hundred ninety-five,
authorized under the authority of section ten, article eleven-b,
chapter nineteen, of this code, modified by the commissioner of
agriculture to meet the objections of the legislative rule-making
review committee and refiled in the state register on the twentieth day of December, one thousand nine hundred ninety-five, relating to
the commissioner of agriculture (frozen desserts and imitation
frozen desserts, 61CSR4B), are authorized.
(f) The legislative rules filed in the state register on the
thirty-first day of July, one thousand nine hundred ninety-five,
authorized under the authority of section four, article sixteen-a,
chapter nineteen, of this code, relating to the commissioner of
agriculture (integrated pest management programs in schools and day
care centers, 61CSR12J), are authorized, with the amendments set
forth below:
"On page one, section 1.1, by striking out the words 'These
legislative rules establish' and inserting in lieu thereof the
words 'This legislative rule establishes';
On page two, section 2.5, after the words 'that creates' by
striking out the word 'to';
On page two, section 2.7, by striking out the words
'integrated pest management';
On page two, section 2.10, by striking out the word 'and' and
inserting in lieu thereof the word 'an';
On page two, section 2.11, after the words 'bases or' by
inserting the word 'the';
On page three, section 3.2, by striking out the words
'Pesticides shall not be applied' and inserting in lieu thereof the
words 'Schools and daycare centers covered by this rule shall not
apply pesticides';
On page three, section 4.1, by striking out '1995';
On page three, section 4.1, by striking out the words 'or the most recent revision';
On page three, section 4.3, after the words 'the school', by
striking out the word 'shall' and inserting in lieu thereof the
word 'should';
On page three, section 4.3, after the words 'success of' by
striking out the word 'and' and inserting in lieu thereof the word
'an';
On page three, section 4.3, after the words 'This record' by
striking out the word 'shall' and inserting in lieu thereof the
word 'should';
On page three, section 4.3, by striking out the word 'every
six months' and inserting in lieu thereof the word 'periodically';
On page three, section 4.3, by striking out the word 'so';
On page three, section 4.4, after the words 'created by' by
inserting the words 'West Virginia Code';
On page three, section 4.4, by striking out the words 'shall
review and approve' and inserting in lieu thereof the words 'may
comment on';
On page three, section 4.5, by striking out the words 'The
completed integrated pest management shall be filed with the
Commissioner for compliance inspection' and inserting in lieu
thereof the following: 'Schools covered by this rule shall file
completed integrated pest management plans with the Commissioner
for compliance inspection';
On page three, section 4.5, after the words 'the program,' by
inserting the words 'they shall submit';
On page three, section 4.5, by striking out the words 'shall be submitted' and inserting in lieu thereof the word 'to';
On page four, section 4.7, after the words 'Upon request' by
inserting the words 'schools covered by this rule shall provide';
On page four, section 4.7 by striking out the words 'shall be
provided';
On page four, section 4.8, by striking out the words 'these
rules' and inserting in lieu thereof the words 'this rule';
On page four, section 5.1, by striking out '1995';
On page four, section 5.1, by striking out the words 'or the
most recent revision';
On page five, section 5.3, after the words 'day care center'
by striking out the word 'shall' and inserting in lieu thereof the
word 'should';
On page five, section 5.3, after the words 'success of' , by
striking out the word 'and' and inserting in lieu thereof the word
'an';
On page five, section 5.3, after the word 'this record' by
striking out the word 'shall' and inserting in lieu thereof the
word 'should';
On page five, section 5.3, by striking out the words 'every
six months' and inserting in lieu thereof the word 'periodically';
On page five, section 5.3, by striking out the word 'so';
On page five, section 5.4, by striking out the words 'The
completed integrated pest management plan shall be filed with the
Commissioner for compliance inspection' and inserting in lieu
thereof the following: 'All day care centers covered by this rule
shall file completed integrated pest management plans with the Commissioner for compliance inspection.';
On page five, section 5.4, after the words, 'the program,' by
inserting the words 'they shall submit';
On page five, section 5.4, by striking out the words 'shall be
submitted' and inserting in lieu thereof the word 'to';
On page five, section 5.6, before the word, 'Copies,' by
inserting the words 'Day care centers covered by this rule shall
provide';
On page five, section 5.6, by striking out the words, 'shall
be given to' and inserting in lieu thereof the words 'to a';
On page five, section 6.1.1, before the words 'The monitoring
program,' by adding the following: 'Each school and day care
center shall have a monitoring program.';
On page six, section 6.1.1, before the words 'The information'
by adding the words 'Each school and day care center shall
evaluate'
On page six, section 6.1.1, by striking out the words 'shall
be evaluated';
On page six, section 6.1.2, by striking out the words 'A
monitoring program shall be conducted in each facility on an
ongoing basis' and inserting in lieu thereof the following: 'Each
school and day care center shall conduct a monitoring program in
suspect areas of their facility on an ongoing basis';
On page six, section 6.1.3.b.A, before the word 'Trap' by
adding the word 'The';
On page six, section 6.1.3.b.A, after the word 'and'; by
inserting the word 'its';
On page six, section 6.1.3.b.B, before the word 'Date' by
adding the word 'The';
On page six, section 6.1.3.b.C, by striking out the word
'Trap' and inserting in lieu thereof the words 'The trap's'
On page six, section 6.1.3.b.D, before the word 'Numbers' by
inserting the word 'The'
On page six, section 6.1.3.b.F, after the words 'pest
management,' by adding a semicolon and the word 'and';
On page six, section 6.1.3.c., by striking out the words 'at
least every two months or';
On page six, section 6.1.3.c, after the words 'tacky or when'
by inserting the word 'the';
On page six, section 6.1.3.c, after the word 'first' by adding
a semicolon and the word 'and';
On page seven, section 6.2, by striking out the comma and the
words 'Use of the Least Hazardous Materials', and inserting in lieu
thereof the words 'of this rule';
On page seven, after the section heading, by adding the
following:
'In an integrated pest management program, persons responsible
for pest management should evaluate all possible control options.
Control options range from non-chemical methods to least hazardous
pesticides to pesticides with a higher degree of risk to human
health. In keeping with the legislative mandate for integrated
pest management, the pest control contractor shall, after
monitoring for pest infestations, proceed in controlling pests
using the least hazardous method that is both practical and effective as outlined in this section.' and by renumbering the
remaining sections.
On page seven, section 7.1.1, by striking out the word 'shall'
and inserting in lieu thereof the word 'should';
On page seven, section 7.1.1, before the word 'preventive' by
striking out the word 'Such' and inserting in lieu thereof the word
'These';
On page seven, section 7.1.1, before the word 'Consult' by
adding the words 'A school or day care center shall';
On page seven, section 7.1.1, by striking out the words '1995,
or the most recent revision';
On page seven, section 7.1.1, by striking out the word 'IPM'
and inserting in lieu thereof the words 'integrated pest
management';
On page seven, section 7.1.1, by striking out the words, 'Note
that';
On page seven, section 7.2.1, after the word 'necessary' by
inserting the words, 'for a school or day care center';
On page seven, section 7.3.1, before the word, 'Products' by
adding the words 'Schools and day care centers shall apply';
On page seven, section 7.3.1, by striking out the words 'and
applied';
On page eight, section 7.3.3, by striking out the word 'are'
and inserting in lieu thereof the word 'shall';
On page eight, section 7.3.3, after the word 'out' and by
inserting the words 'of the treated area';
On page eight, section 7.4.3, after the word 'greater' by adding the words 'except when the air in the treated area can be
purged by the heating, cooling and ventilation system, the period
of reentry shall be 4 hours or the period specified on the label of
the pesticide product as registered by the United States
Environmental Protection Agency, which ever is greater.'
On page eight, section 8.1.a, by striking out the comma and
the words 'Use of the Least Hazardous Materials';
On page eight, section 8.1.b, before the word 'School' by
adding the words 'At the beginning of the school year,'
On page eight, section 8.1.b, at the end of the section by
adding the following: 'The notice shall instruct the employee of
the location of posting of the treatment schedule and notification
of any necessary unscheduled treatments. School administrators
shall also notify their employees of the treatment schedule at
faculty senate meetings.';
On page two, section 8.2.a, by striking out the word 'in' and
inserting in lieu thereof the word 'is';
On page eight, section 8.2.a, after the words 'parents or' by
inserting the word 'legal';
On page eight, section 8.2.a, after the word 'pesticides' by
striking out the words 'in levels 3 and 4 as detailed in section 4,
Use of the Least Hazardous Materials, of this rule.' and inserting
in lieu thereof the words 'as detailed in section 4 of this rule.';
On page nine, section 8.2.b, after the words 'parents or' by
inserting the word 'legal';
On page nine, section 8.2.b, after the words 'parent or' by
inserting the word 'legal';
On page nine, section 8.2.c, after the words 'parent or' by
inserting in the word 'legal';
On page nine, section 8.2.c, by striking out the word 'such';
On page nine, section 8.3.a, after the words 'parent or' by
adding the word 'legal';
On page nine, section 8.3.a, after the word 'pesticide' by
striking out the words 'in levels 3 and 4 as detailed in section 4,
Use of the Least Hazardous Materials, of this rule.' and inserting
in lieu thereof the words 'as detailed in section 4 of this rule';
On page nine, section 8.3.b, after the words 'to the parent
or' by inserting the word 'legal';
On page nine, section 8.3.b, by striking out the word 'Such'
and inserting in lieu the word 'The';
On page nine, section 8.3.b, after the words 'where the parent
or' by inserting the word 'legal';
On page nine, section 9.1, after the word 'pesticide
applicators' by striking out the comma and inserting in lieu
thereof a period.
On page nine, section 9.1, by striking out the words 'Except
that';
On page nine, section 9.4, after the words 'pesticide
applicators', by inserting a comma and striking out the word 'or';
On page nine, section 9.4, by striking out the words
'certified in General Pest Control';
On page nine, section 9.4, after the words 'outlined in' by
striking out the words 'Title 61 Series 12A, Certified Pesticide
Applicator Rules' and inserting in lieu thereof the words 'West Virginia Department of Agriculture Certified Pesticide Applicator
Rules, 61 CSR 12A';
On page ten, section 9.5.1, before the word 'specialized' by
striking out the word 'The' and inserting in lieu thereof the word
'Any';
On page ten, section 9.5.1, by striking out the word 'program'
and inserting in lieu thereof the words 'programs not offered by
the commissioner';
On page ten, section 9.5.2, by striking out the words, 'Title
61 Series 12A' and inserting in lieu thereof the words '61 CSR
12A';
On page ten, section 9.5.2, by striking out the word 'July'
and inserting in lieu thereof the word 'September';
On page ten, section 9.5.3, by striking out the word 'July'
and inserting in lieu thereof the word 'September';
On page ten, section 9.5.3, by striking out the words 'Title
61 Series 12A' and inserting in lieu thereof the words '61 CSR
12A';
On page ten by striking out all of section 10.1, and inserting
in lieu thereof the following:
'10.1 Schools and day care centers covered by this rule shall
keep for a period of two years all documents required to be in the
Integrated Pest Management Files as detailed in Section 4.6 and
Section 5.5, respectively, of this rule.'
On page ten, by striking out all of section 11.1 and
renumbering the remaining sections;
On page ten, section 11.2, by striking out '1995';
And,
On page eleven, section 11.5, by striking out the words 'these
rules' and inserting in lieu thereof the words 'this rule'."§64-9-2. Secretary of state.
(a) The legislative rules filed in the state register on the
twelfth day of January, one thousand nine hundred ninety-five,
authorized under the authority of section thirteen, article two,
chapter three of this code, modified by the secretary of state to
meet the objections of the legislative rule-making review committee
and refiled in the state register on the twenty-second day of June,
one thousand nine hundred ninety-five, relating to the secretary of
state (agencies designated to provide voter registration services,
153CSR28), are authorized.
(b) The legislative rules filed in the state register on the
twenty-fifth day of July, one thousand nine hundred ninety-five,
authorized under the authority of section six, article one-a,
chapter three of this code, modified by the secretary of state to
meet the objections of the legislative rule-making review committee
and refiled in the state register on the twenty-third day of
January, one thousand nine hundred ninety-six, relating to the
secretary of state (guidelines for the use of nicknames and other
designations on the ballot, 153CSR14), are authorized.
(c) The legislative rules filed in the state register on the
twenty-eighth day of July, one thousand nine hundred ninety-five,
authorized under the authority of section six, article one-a,
chapter three of this code, modified by the secretary of state to
meet the objections of the legislative rule-making review committee and refiled in the state register on the eighth day of December,
one thousand nine hundred ninety-five, relating to the secretary of
state (procedures for canvassing electronic ballot elections using
punch card or optical scan ballots, 153CSR18), are authorized.
(d) The legislative rules filed in the state register on the
twenty-fifth day of July, one thousand nine hundred ninety-five,
authorized under the authority of section six, article one-a,
chapter three of this code, modified by the secretary of state to
meet the objections of the legislative rule-making review committee
and refiled in the state register on the twenty-fourth day of
January, one thousand nine hundred ninety-six, relating to the
secretary of state (absentee voting by military voters who are
members of reserve units called to active duty, 153CSR23), are
authorized.
(e) The legislative rules filed in the state register on the
twenty-sixth day of July, one thousand nine hundred ninety-five,
authorized under the authority of section six, article one-a,
chapter three of this code, modified by the secretary of state to
meet the objections of the legislative rule-making review committee
and refiled in the state register on the twenty-fourth day of
January, one thousand nine hundred ninety-six, relating to the
secretary of state (numbered divisions for the election of circuit
judges, 153CSR24), are authorized.
(f) The legislative rules filed in the state register on the
twenty-sixth day of July, one thousand nine hundred ninety-five,
authorized under the authority of section three, article two,
chapter three of this code, relating to the secretary of state (combined voter registration and driver licensing fund, 153CSR 25),
are authorized.
(g) The legislative rules filed in the state register on the
twenty-sixth day of July, one thousand nine hundred ninety-five,
authorized under the authority of section six, article one-a,
chapter three of this code, relating to the secretary of state
(official election forms and vendor authorization, 153CSR26), are
authorized.
(h) The legislative rules filed in the state register on the
twenty-sixth day of July, one thousand nine hundred ninety-five,
authorized under the authority of section six, article one-a,
chapter three of this code, modified by the secretary of state to
meet the objections of the legislative rule-making review committee
and refiled in the state register on the twenty-fourth day of
January, one thousand nine hundred ninety-six, relating to the
secretary of state (procedures for handling ballots and counting
write-in votes in counties using punch card or optical scan
ballots, 153CSR27), are authorized.
(i) The legislative rules filed in the state register on the
twenty-seventh day of July, one thousand nine hundred ninety-five,
authorized under the authority of section six, article two, chapter
twenty-nine-a of this code, modified by the secretary of state to
meet the objections of the legislative rule-making review committee
and refiled in the state register on the twenty-second day of
January, one thousand nine hundred ninety-six, relating to the
secretary of state (standard size and format for rules and
procedures for publication of the state register, 153CSR6), are authorized.

§64-9-3. Governor's committee on crime, delinquency and
correction.

(a) The legislative rules filed in the state register on the
twenty-eighth day of July, one thousand nine hundred ninety-five,
under the authority of section three, article twenty-nine, chapter
thirty of this code, modified by the governor's committee on crime,
delinquency and correction to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the nineteenth day of December, one thousand nine
hundred ninety-five, relating to the governor's committee on crime,
delinquency and correction (basic training academy, annual in-
service and biennial in-service training standards, 149CSR2), are
authorized.§64-9-4. State election commission.
(a) The legislative rules filed in the state register on the
thirty-first day of July, one thousand nine hundred ninety-five,
under the authority of section five, article one-a, chapter three
of this code, modified by the state election commission to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-second day of December,
one thousand nine hundred ninety-five, relating to the state
election commission (election expenditures, 146CSR4), are
authorized.
(b) The legislative rules filed in the state register on the
thirty-first day of July, one thousand nine hundred ninety-five,
under the authority of section five, article one-a, chapter three of this code, modified by the state election commission to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-third day of January,
one thousand nine hundred ninety-six, relating to the state
election commission (regulation of campaign finances, 146CSR3), are
authorized.
(c) The legislative rules filed in the state register on the
thirty-first day of July, one thousand nine hundred ninety-five,
under the authority of section five, article one-a, chapter three
of this code, modified by the state election commission to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-second day of December,
one thousand nine hundred ninety-five, relating to the state
election commission (fair campaign practices, 146CSR2), are
authorized.
(d) The legislative rules filed in the state register on the
thirty-first day of July, one thousand nine hundred ninety-five,
under the authority of section eight, article eight, chapter three
of this code, modified by the state election commission to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-second day of December,
one thousand nine hundred ninety-five, relating to the state
election commission (corporate political activity, 146CSR1), are
authorized, with the amendments set forth below:
On page 8, section 146-1-7. penalty provisions, by striking out section 7.1 and inserting in lieu thereof the following:
7.1 Any person violating this rule shall be guilty of a
misdemeanor, and, upon conviction thereof, shall be fined not more
than five thousand dollars pursuant to West Virginia Code §3-8-8.§64-9-5. Cable television advisory board.
(a) The legislative rules filed in the state register on the
eighteenth day of July, one thousand nine hundred ninety-five,
under the authority of section twenty-six, article eighteen,
chapter five of this code, modified by the cable television
advisory board to meet the objections of the legislative
rule-making review committee and refiled in the state register on
the nineteenth day of September, one thousand nine hundred
ninety-five, relating to the cable television advisory board.§64-9-6. Contractor licensing board.
(a) The legislative rules filed in the state register on the
twenty-eighth day of July, one thousand nine hundred ninety-five,
under the authority of section five, article eleven, chapter
twenty-one of this code, modified by the contractor licensing board
to meet the objections of the legislative rule-making review
committee and refiled in the state register on the fourth day of
December, one thousand nine hundred ninety-five, relating to the
contractor licensing board (West Virginia contractor licensing act,
28CSR2), are authorized.§64-9-7. Infrastructure and jobs development counsel.
(a) The legislative rules filed in the state register on the seventh day of July, one thousand nine hundred ninety-five, under
the authority of section four, article fifteen-a, chapter thirty-
one of this code, modified by the infrastructure and jobs
development council to meet the objections of the legislative
rule-making review committee and refiled in the state register on
the sixth day of December, one thousand nine hundred ninety-five,
relating to the infrastructure and jobs development council
(infrastructure and jobs development council funding rules,
167CSR1), are authorized, with the amendments set forth below:
On page nine, section five, by adding thereto a new subsection
5.3 to read as follows:
Eighty percent of the funds deposited in the West Virginia
infrastructure fund shall be dedicated for waste water facilities,
water facilities or combination thereof. All water and waste water
project sponsors are eligible to apply for loans, with or without
interest, and loan guarantees from this portion of the fund without
regard to the uniform percentage rate of 1.5% used to determine the
mandatory minimum end user utility rate referred to in subsection
5.7.1.
On page nine, section five, by adding thereto a new subsection
5.4 to read as follows:
Twenty percent of the funds deposited in the West Virginia
infrastructure fund shall be dedicated for all other infrastructure
projects as defined in section 2.11 of this rule. All
infrastructure project sponsors are eligible to apply for loans, with or without interest, and loan guarantees from this portion of
the fund without regard to the uniform percentage rate of 1.5% used
to determine the mandatory minimum end user utility rate referred
to in subsection 5.7.1.
And,
By renumbering the remaining subsections.
On page eleven, section five, subsection 5.9, by striking out
all of subsection 5.9 and inserting in lieu thereof the following:
'Terms of Grant. Where a project sponsor has received
infrastructure grant money to fund a project and the project is
thereafter sold, then to the extent that proceeds are available,
the project sponsor shall reimburse the infrastructure fund the
amount of the infrastructure grant. In the alternative, the
council may allow repayment of the grant by converting the grant
into a loan from the infrastructure fund. The proceeds from the
repayment of any such grant or grant which has been converted to a
loan shall retain their character as proceeds available for grants.
The amount of repayment may be reduced by the applicable share of
accumulated depreciation of the project or the applicable share of
accumulated accelerated depreciation of the project as determined
by the council. The infrastructure council shall review any
agreement between the project sponsor and the person or entity
purchasing the project to determine whether the agreement was
structured so that no proceeds would become available for the
repayment of the grant funds. If the infrastructure council finds that the transaction was structured by the parties to intentionally
preclude the availability of proceeds for the repayment of the
infrastructure grant funds, then the council may require the
project sponsor to repay the full amount of any infrastructure
grant. The Council shall prepare a report listing those projects
which received infrastructure grant money and are sold. The report
shall include a description of the terms by which the
infrastructure grant will be repaid. The report shall be provided
on or before the tenth day of January each year to the Joint
Committee on Government and Finance.'